California law allows victims of slip and fall accidents to receive compensation for losses from negligent property owners or tenants. California Civil Jury Instructions 1003 talks about the types of unsafe conditions that would allow victims to sue owners or occupiers of a property. In general, every owner or tenant is expected to reasonably maintain the space. If there are hazards which could lead to a fall, the dangers should be corrected when practical. When a dangerous condition cannot be fixed, visitors should be warned about the risks.
The damages from a slip and fall can be very costly, especially since common injuries from a fall include brain injury, spinal cord injury, and bone fractures. Before settling a slip and fall claim victims need to ensure they have a full understanding of the extent of their losses and must be prepared to prove the damages in civil court if no settlement is reached.
It is especially imperative for victims to ensure they have valued their case correctly, because they may find themselves negotiating with insurance companies when seeking compensation for their slip and fall damages.
When Do Insurance Companies Pay for Fall Injuries?
Victims should be fully and fairly compensated for all losses resulting from a fall, including economic damages for loss of income and medical bills, as well as non-economic damages for losses caused by decreased quality of life and discomfort. Because fall victims may sustain very substantial financial damage, property owners and renters often do not have enough personal assets to repay victims.
Fortunately for property owners and renters, they usually do not need to pay out of their own assets. Instead, an insurance company will step in. The insurer may provide coverage under a homeowner’s insurance policy if the liable party owns the property. The insurer could also provide coverage under a renter’s insurance policy if the tenant is liable. When a slip and fall case is brought against a business, the business may have both a property injury policy and a general liability policy, so there could be multiple insurance companies taking responsibility.
The insurance company will pay for any legal defense necessary to try to argue against liability or reduce compensation, so the property owner or renter doesn’t have to pay personally to defend against a civil lawsuit. The insurance company will also pay for the victim’s losses caused by the fall, up to the insured’s policy limits.
Insurance premiums are paid specifically so coverage is available in case an injury accident happens. Because it is the insurer who is obliged to pay, victims should not hesitate to pursue a claim after a fall at a public or private space. This is even true for victims who hurt themselves at a friend’s home, since it is the insurer, not the friend, that will pay for damages.
Unfortunately for victims, it can be challenging to get the compensation they are entitled to by law. Insurers sometimes deny coverage for legitimate claims, even in situations where it is clear their policyholder was responsible and thus damages should be paid to the victim. Insurers also use a variety of tactics to try to get victims to accept a settlement offer which is less than what their case is actually worth.
Those who are involved in a slip and fall claim need to know the full extent of their damages and the compensation they are entitled to so they do not agree to an inadequate settlement.
Getting Help from a Long Beach Slip and Fall Lawyer
Your Injuries are Personal to Me
A Long Beach slip and fall attorney knows how to deal with insurance companies and get them to pay the money a victim should be provided under California law.
Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation to speak with a Long Beach slip and fall lawyer to learn how I can help you if you’ve suffered an injury because of a fall.
You will be under no obligation and you will never pay any money unless you recover compensation for your losses.
- How to Help Your Loved One Cope with a Spinal Cord Injury - October 27, 2021
- How Can I Prove a Motorist Fell Asleep in Traffic? - October 20, 2021
- Filing a Truck Accident Claim? Avoid These Common Mistakes - October 13, 2021